"Affiliates" in respect of any company, means any holding company of such company, all direct or indirect subsidiaries of such holding company and all companies or bodies corporate in respect of which any such holding company or the company holds an interest equal to or greater than 20% of the voting or capital rights in that company or other body corporate;
"Applicable Laws" has the meaning ascribed to it in paragraph 12;
"Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials displayed on or available through this Website;
"Feedback" has the meaning ascribed to it in paragraph 9;
"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China;
"Linked Site(s)" has the meaning ascribed to it in paragraph 7;
"Products" means any products which may from time to time be available to be purchased, redeemed or given away via this Website;
"user" means any person who uses, views and/or accesses this Website;
"MTR Corporation”, “we”, “our”, or “us" means MTR Corporation Limited, a corporation established in Hong Kong and having its principal office at MTR Headquarters Building, Telford Plaza, Kowloon Bay, Kowloon, Hong Kong;
"Website" means this Website located at URL highspeed.mtr.com.hk; and
"you”, “your" means users of this Website.
2. DATA PRIVACY
You agree to use this Website for your personal, non-commercial use only and you are solely responsible for all Content whether publicly posted or privately transmitted by you on or through this Website. Any and all rights (including without limitation to intellectual property rights) in or to the Website (or any part thereof) are and shall remain the exclusive property of MTR Corporation.
As a condition of your use of this Website, you agree that you will not use this Website for any purpose that is unlawful, unauthorised or prohibited by any applicable laws, regulations, terms, conditions, and notices. Without limiting the generality of the foregoing, you further agree not to:
a. trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers and/or any data areas for which you have not been authorised by us, and/or attempt to circumvent any filtering or security measures or in any way interfere with, interrupt, destroy or limit the proper working or functionality of the Website;
b. post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable, unlawful or unreasonable Content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law, infringe any intellectual property rights, proprietary rights or confidentiality obligations of others;
c. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;
d. post, publish, transmit, reproduce, distribute or in any way exploit any Content obtained through this Website for commercial purposes;
e. upload, post, publish, transmit, reproduce, frame or distribute in any way, any component of this Website itself or any Content obtained through this Website which is protected by copyright, or other proprietary or intellectual property right, or create derivative works with respect thereto, without our prior written permission;
f. directly or indirectly, allow others to use your Username or Password;
g. transmit, post or upload any Content that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment through this Website;
h. transmit, post or upload any Content protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
i. interfere with or disrupt networks connected to this Website or violate the regulations, policies or procedures of such networks;
j. attempt to gain unauthorised access to this Website, servers, computer systems or networks connected to this Website, through password mining or any other means, or use or launch any automated systems (such as “robots” or “spiders”) to access the Website or any networks, servers or computer systems connected to the Website;
k. interfere with another user’s use and enjoyment of this Website or another individual's or entity's use and enjoyment of services relating to the Website;
l. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of this Website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
m. "stalk" or otherwise harass another; or
n. collect or store personal data about other users , or store any content or data from the Website on a server or any other storage device, or create any database by systematically downloading and/or storing any content or data from the Website.
This Website may contain information from time to time, in relation to our shares and the performance of our shares. Where such information appears on this Website, it is reproduced from our annual reports or other financial statements and is subject to the caveats and disclaimers of such annual reports or other financial statements from which the information was reproduced. Such information as it appears on this Website is correct only as of the date when the relevant annual report or other financial statements were printed. You should not rely on this information as up-to-date.
To the extent that specific financial products or service are mentioned, we are not advertising or selling such financial products or services to you and you should not construe it as such. Please refer to our Important Notice.
While we endeavor to exercise reasonable skill and care to make the Website available 24 hours a day, we do not warrant that your access to the Website will be uninterrupted, timely or error-free and we shall not be liable if for any reason the Website is unavailable for any time or for any period. We may occasionally carry out changes, updates or maintenance of the Website without notice to you and access to the Website may be suspended or withdrawn from you temporarily or permanently at any time without notice.
We do not actively monitor the Content submitted, posted, transmitted or sent by users to, on or through this Website or guarantee the accuracy, integrity, legality or quality of such Content. However, we will consider complaints concerning inappropriate Content on this Website, but we do not guarantee that we will take any action in respect of the same. Furthermore, we reserve the right to remove or withhold, without warning, any Content from this Website or any link to any website which we consider appropriate in our sole and absolute discretion.
Under no circumstances shall we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use and/or reliance of any Content submitted, posted, emailed or otherwise transmitted via this Website.
7. LINKS TO THIRD PARTY WEBSITES
The Website may provide links to other third party websites or resources ("Linked Site(s)"). We have no control over the Linked Sites and we are not responsible for any content on any Linked Site or any links contained in a Linked Site, or any changes or updates to such sites, and we do not guarantee that they will be continuously available. We do not monitor the contents of the Linked Sites. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any of its contents or any association with its operator. Where a Linked Site advertises, sells or contains any products or services including, without limitation, financial products or services information, we expressly declare that we do not endorse any such financial products or services as appearing on that Linked Site or any other web site which the Linked Site may link to. Please refer to our Important Notice. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred as a result of the use of the services or the content of any Linked Site.
8. DISCLAIMERS & LIMITATION OF LIABILITY
THIS WEBSITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE CONTENT OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES AS TO:
a. THE AVAILABILITY OF THIS WEBSITE OR THAT IT WILL BE UNINTERRUPTED, COMPLETE, ERROR-FREE, UP-TO-DATE OR THAT DEFECTS WILL BE CORRECTED;
b. THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY CONTENT ON THIS WEBSITE;
c. THE MERCHANTABILITY, STANDARD OF QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PRODUCTS AVAILABLE ON THIS WEBSITE;
d. THE USE OR EXERCISE OF REASONABLE CARE AND SKILL IN PROVIDING OR DELIVERING ANY SERVICES ON OR THROUGH THIS WEBSITE OR THE TIMELINESS OF SERVICES OFFERED OR PROVIDED ON THIS WEBSITE;
e. NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; OR
f. THIS WEBSITE BEING FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.
a. the failure, or alleged failure, of any Product;
b. the breach, or alleged breach, of any warranty, express or implied, relating to any Product;
c. any loss or damage to any such Product;
d. any act or omission of any third party, including without limitation to shipper or other carrier, or any employee, officers, servants or agent thereof; or
e. any unauthorized use of this Website or breach of security relating to this Website.
You will exercise and rely solely on your own judgment in using this Website or purchasing or redeeming the Products on this Website. To the fullest extent permissible by applicable law, in no event shall we be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, this Website, even if we have been advised of the possibility of such damages including without limitation, transmission of Content or any transactions entered into through this Website. You specifically agree that neither we nor our Affiliates shall be responsible or liable for any activities undertaken by any person on or through this Website, including without limitation to any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including but not limited to intellectual property rights. You specifically agree that neither our Affiliates nor we shall be responsible for the Content sent out using and/or included in this Website by you or any third party.
We make no representation that materials on this Website are appropriate or available for use in any other jurisdictions, and accessing this Website from locations where its operation is illegal is prohibited. Those who access this Website from other locations do so at their own discretion and are solely responsible for compliance with their laws and rules. You confirm that you have all the requisite approvals for using the Internet and online conduct.
9. INTELLECTUAL PROPERTY
Except as otherwise expressly permitted by us and/or the proprietary rights owner by written permission and/or under applicable copyright law, no modification, copying, redistribution, uploading, retransmission, publication or commercial exploitation of downloaded material will be permitted. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any change to or deletion of author attribution, trademark, legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You further agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us ("Feedback") in connection with or on or through this Website without any payment or liability to you. You hereby waive and agree to waive all and any rights and claims including without limitation to any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
10. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings you may have with any advertiser on this Website including without limitation your participation in promotions, the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or any other third party. Neither we nor our Affiliates shall be responsible or liable for any part of any such advertisement dealings or promotions.
12. LEGAL COMPLIANCE
You shall comply with all applicable laws, statutes, ordinances, regulations, terms, policies and conditions (whether or not having the force of law) ("Applicable Laws") regarding your use of this Website. You recognise the global nature of the Internet and you understand that the Applicable Laws may be of a jurisdiction other than your own and you agree that compliance with Applicable Laws is your sole responsibility. We recommend that you seek legal advice on your own account if you are not sure what Applicable Laws comprise.
We may terminate your use of and access to any part or all of this Website or any related service(s) at any time with immediate effect without any notice and in our sole and absolute discretion for any reason, including without limitation:
b. if we are unable to verify or authenticate any information you provide to us;
c. if we believe that your actions may give rise to liability of any nature; or
d. if we deem your action unsuitable or inappropriate.
Upon termination, you must destroy all material obtained from this Website and any copies thereof. If you wish to terminate your use of part or all of this Website your only recourse is to discontinue the use of this Website.
15. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Website or any part thereof.
16. GOVERNING LAW & JURISDICTION
17. NO AGENCY
You and we are independent, and no agency, partnership, joint venture, trustee, beneficiary, employee-employer or franchiser-franchisee relationship is intended or created by your use of this Website and/or any products and/or services provided thereunder.
18. SYSTEM AVAILABILITY
We do not guarantee uninterrupted, continuous or secure access to this Website. Part or the entire Website may be unexpectedly unavailable for whatever duration and for various reasons that may include system malfunctions and disruptions, Internet access downtime and other technical problems beyond our control for which we cannot and shall not be held responsible or liable. You agree that your use of this Website is at your own risk and that you will not hold us responsible or in any way liable for any damages (whether direct, indirect, incidental, special, punitive or consequential), loss or expenses (including legal fees) caused by, arising from or in connection with your inability to use this Website for any reason whatsoever. We reserve the right to take any part or all of this Website offline for various reasons including urgent system maintenance or upgrading, in which case we will try to give you notice in advance if possible.
19. PARTIAL INVALIDITY
21. THIRD PARTIES
22. GENERAL PROVISIONS
a. words importing one gender include the other genders;
b. words importing the singular shall include the plural and vice versa;
e. a right granted or reserved may be exercised from time to time;
g. any reference to a person shall include that person's successors, representatives and permitted assigns; and